Transfer of Undertakings (Protection of Employment) on Commencement. 1.2.1 The Contractor shall on the Employee Transfer Date become the employer of the Transferring Employee and, whether or not by virtue of TUPE, or as a term of this Contract, all the respective employer’s rights, duties, powers, liabilities and obligations in respect of the contract of employment of the Transferring Employee shall transfer to the Contractor. The Parties shall respectively comply with all the requirements and obligations, which TUPE imposes on a transferor and transferee in respect of such transfer whether or not as a matter of law TUPE applies;